pros and cons of alford plea

pros and cons of alford plea

WebAn Alford plea is a useful tool in criminal defense and can be a good option for defendants who are looking to avoid a lengthy trial or a harsher sentence. It also dings their won-loss record on typically high-profile cases. Contact us. Therein lies the source of a frequent criticism of the plea bargaining system: Some defendants, even if not actually guilty of the crime, will feel compelled to take the lighter sentence instead of asserting their constitutional right to a fair trial because they cannot afford a "top-shelf" legal defense. In 1970, North Carolina law provided that a penalty of life IMPRISONMENT would attach to a plea of guilty for a capital offense, but the death penalty would attach following a jury verdict of guilty (unless the jury recommended life imprisonment). The 40 Consequential Pros and Cons of Judicial Activism 2023, Will Carbon Monoxide Detector Detect Natural Gas, Why Was The European Coal And Steel Community Created, Why Was Coal Important To The Industrial Revolution, Why Is Wind A Different Type Of Resource Than Coal, Why Is Biomass A Better Alternative To Natural Gas Apex, Why Is Biomass A Better Alternative To Natural Gas. For a defendant in a criminal case, plea bargaining provides the opportunity for a more lenient sentence than if convicted at trial, and to have fewer (or less serious) offenses listed on a criminal record. (Citations omitted; internal quotation marks omitted.) Such a case usually proceeds to trial, as a plea bargain is out of the question. Stay up-to-date with how the law affects your life. Co. v. Havemeier, 2021 WL 2188172 (D. Minn. May 28, 2021). The judge would then question the defendant to be certain that he fully understood the terms of the agreement and voluntarily agreed to it. A statement made by an individual accused of a crime, of his guilt or innocence. However, in many states, a plea which "admits sufficient facts" often results in the case being continued without a decision and later dismissed. There would be a court hearing where the parties present the terms of the plea agreement to the judge. There are advantages and disadvantages to accepting a plea agreement, so it is important to carefully think through your options before making any decisions. When a discussion ensued over whether or not Henry Alford had been properly informed of his rights, he re-iterated that his attorney had counseled him that a guilty plea was in his best interest. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. What Are My Rights to Discovery in a Criminal Case? This is something every defendant should keep in mind if they hope to use an Alford plea. Web(Description) #Fortnite #Fortnitearena #shortsNEW MERCH: https://streamlabs.com/buddy2789/merchIf you require any material from this video to be It is also referred to as a plea of no contest or no defense.. Though the court admitted the Alford plea into evidence, it should be noted that the same judge made an earlier ruling that while admissible, Alford plea evidence is not conclusive of fault in a subsequent civil case. Some states hold arraignments for both felony and misdemeanor cases, some hold arraignments only for felony cases. Judges have a similar incentive for wanting a criminal case to be settledreduction of an already congested docket of court cases. The Pros of Plea Bargaining. He was brought back to court where the court continued his probation and ordered Herndon to complete the counseling. In North Carolina v Alford, the Supreme Court noted that: Is there a difference between an Alford Plea, a nolo contendere plea and a guilty plea. The court will pronounce the defendant guilty. How will a carbon monoxide detector help keep you safe? Thus, the prosecutor can refuse to accept an Alford as a plea to a lesser charge. In federal courts, the plea is conservatively permitted for certain defenses and under certain circumstances only. There are three common plea types used in the U.S. legal system. State Farm Mut. In criminal trials in certain United States jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a v. Varsity Brands, Inc. A serious, emotional request for something. Here are some of the benefits of entering into a plea agreement: There are also disadvantages to entering into a plea agreement. There are, of course, pros and cons of plea bargaining for all parties involved. In federal cases, the Rules of Federal Criminal Procedure allow such pleas, with the court's permission. WebThe plea differs from a guilty plea because a "no contest" plea cannot be used against the defendant in another cause of action. However, one state supreme court has held that an Alford plea, unlike a criminal trial, does not provide a full and fair hearing on the issues in the case, and therefore does not preclude later litigation of the issues. He was again brought back to court, where he argued that he was not given adequate notice that he would have to admit guilt as part of his counseling. Many attorneys offer free consultations. For example, a low-level criminal may have information that could help prosecutors in their case against a criminal kingpin. Ins. In entering an Alford plea, the defendant admits the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty, but does not admit guilt. (400 U.S. . Whether a conviction resulting from an Alford plea is "valid" for later use is important in two areas: enhanced sentencing and collateral consequences. Thus, less than 10 percent of criminal cases actually go to trial. WebAlford pleas are way more likely to affect the person doing the sentencing when they are entered by white collar defendants. State Farm had argued that by accepting Havemeiers plea, the Brown County District Court essentially litigated the issue of intent, as the court conclusively determined that Havemeier operated the vehicle with intent to cause bodily injury. Could lead to harsher sentence in future: It could be used as a prior conviction in some cases, and it could lead to a harsher sentence in the future if the defendant is convicted of another crime. An example of this kind of case is in North Carolina v. Alford. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. In making a plea agreement, a defendant is often able to have a number of charges dropped by pleading guilty to a single charge, or to lesser charges. Two of the defendants, Jason Baldwin However, in their case, it is believed by many that The Alford Plea was used by the state to deny the wrongful conviction. When facing criminal charges, you have one simple goal: to minimize the potential penalty. It is important to keep in mind that the judge's decision not to follow a "recommendation" on sentencing following the entry and acceptance of a guilty plea is generally not a basis to withdraw the guilty plea. State v. Name For prosecutors, a lightened caseload is equally attractive. A defendant has the right to plead to the entire accusatory instrument. Copyright 2023, Thomson Reuters. He took the deal but when it came time to state his plea in court, Alford insisted that he was not guilty. A plea bargain's advantage is that it may give you exponentially less severe penalties than a conviction at trial. He was convicted of assault and battery of a high and aggravated nature, and sentenced to ten years, suspended to five years probation, which included a provision that he successfully complete sex abuse counseling. North Carolina v Alford, 40 US 25, 91 S Ct 160, 27 L Ed2d 162 (1970). Some defendants want to remove the emotional pressure associated with going to trial: However, the defendant may have less leverage after an indictment and greater leverage closer to the trial date. It is possible for a defendant to refuse to enter a plea. The defendant states on the record facts that comprise the elements of the crime. For defendants, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and avoid the maximum sentence that a conviction at trial could mean. In general terms, a plea is a serious, urgent, and emotional request for something. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. Mr. Herndon began the sex abuse counseling. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. Such a plea is valid in New York State. Generally, an Alford plea is when a defendant maintains his innocence but admits that the state has sufficient evidence to convict him and agrees to be treated as guilty. S.T. It gives an innocent person an opportunity to participate in plea negotiations and keep some control over their fate, in the same way a guilty Web9-16.015 - Approval Required for Consent to Alford Plea. WebThe prosecutor and the judge may prefer to dispose of cases through a plea bargain because doing so helps to manage caseloads and reduce the number of cases that The United States Supreme Court found this type of plea to be constitutionally acceptable in North Carolina v.Alford, 400 U.S. 25 (1970).In entering an Alford plea, the defendant A conditional plea is a type of guilty plea or no contest plea. Why isnt coal a mineral? Virginia Enacts Marcus Alert Law to Improve Responses to Mental Health Crises, Civil Rights of More Than 69,000 Virginians Restored, How to Defend Yourself Against Stalking Charges in Virginia, Virginia Parental Kidnapping Crimes, Penalties, and Defenses, Your Guide to Prince William General District Court Motions for Continuance and Discovery. Additionally, the defendant may be able to negotiate a more lenient sentence than they would have received had they gone to trial. However, when prosecutors' interests don't align with yours, it is important that you speak with a criminal defense attorney who can help you carefully weigh your options before reaching a plea bargain. Even though the defendant is not admitting guilt, an Alford plea is viewed as a plea of guilty under Rule 11. 54-94a. The objective of the defense is that by agreeing to effectively plead guilty without formally doing so, in exchange for avoiding the need for a trial the court will respond with a more lenient sentence. Updated: Feb 26, 2023 / 11:49 AM CST. WebPros And Cons Of Gideon Vs Wainwright. WebAn Alford plea is a type of plea agreement where a criminal defendant pleads guilty to an offense but at the same maintains his or her innocence. WebThe plea differs from a guilty plea because a "no contest" plea cannot be used against the defendant in another cause of action. All rights reserved. WebAn Alford plea is a conditional guilty plea, which allows the defendant to maintain his or her innocence outright, but nonetheless accept a conviction and sentence for a crime. The defendant in that case was charged with first-degree murder. Closure for victims: An Alford plea can provide closure for victims and their families, as it allows for a resolution in the case without the need for a trial. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. District Judge Paul Woodward found Clear up the uncertainty in your case. Below is a sampling of the various points of view among players within the criminal justice system with respect to plea bargain advantages and disadvantages. Its a type of guilty plea that allows the defendant to maintain their dignity and preserve some of their rights during sentencing. The most problematic aspect of plea bargaining occurs when a defendant is actually innocent of the crime but feels pressured to take the safer path and avoid the risk of a trial. Time is critical. There are many factors that determine whether a plea bargain will be reached in an individual case and whether a plea bargain is a desirable outcome. His conviction was reversed on appeal. Limited understanding: Not all defendants understand the consequences of an Alford plea, and they may be pressured by their attorneys to accept it without fully understanding the implications. Lets explore why natural gas prices are trending downward! This is a very important decision in your criminal case since a criminal conviction can have long-term consequences. Harnessing the power of nature for renewable energy biomass is the way to go! A plea bargain's advantage is that it may give you exponentially less severe penalties than a conviction at trial. Star Athletica, L.L.C. Posted: Feb 26, 2023 / 11:49 AM CST. Finally, its important to note that an Alford plea can have a negative impact on the defendants reputation. In a recent decision, the United States District Court for the District of Minnesota determined that the defendants Alford plea and plea hearing transcript were admissible as evidence of intent and for impeachment purposes. The United States Supreme Court found this type of plea to be constitutionally acceptable in North Carolina v.Alford, 400 U.S. 25 (1970).In entering an Alford plea, the defendant Lets find out! There may or many not also be an "agreement" on a specific sentence, or an agreement by the prosecutor to recommend a specific sentence to the court. Thus, circuit courts are under no duty to provide notice to Alford defendants any differently than the notice provided to defendants entering a standard guilty plea, or those defendants adjudicated guilty. 1990). For starters, it offers the defendant the opportunity to avoid a potentially lengthy and expensive trial. Although he claimed innocence on all charges (in the face of strong evidence to the contrary), Alford pleaded guilty to second-degree murder prior to trial. For example, you and the prosecution may agree to a misdemeanor charge instead of a felony charge, or you could agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10 to 20 years in prison. In the U.S., pleas are entered in all criminal procedures, given in during a criminal arraignment in most jurisdictions. Webnoun A guilty plea entered as part of a plea bargain by a criminal defendant who denies committing the crime or who does not actually admit his guilt. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Before making any decisions, its important to discuss the pros and cons with your attorney and consider all the potential implications. Something went wrong while submitting the form. If you face criminal charges, you will most likely have to decide at some point in your case whether or not to accept a plea agreement. The landmark Supreme Court case Gideon v. Wainwright (1963) ruled that the 6th amendment obligated federal and state government to provide an attorney to anyone who could not afford one. It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. However, where the elements of a crime do not "match" with the tort, collateral estoppel may be inapplicable. WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. Coal slag could kill your grass or give it a boost! Natural gas: clean, affordable, reliable energy for all! the functional equivalent [to an unconditional] plea of nolo contendere". It was named after Henry Alford, a southern black man with a long rap sheet who, in 1970, was tried for the 1963 murder of a man in North Carolina. Here are a few potential pros of using an Alford plea: Avoids a trial: An Alford plea allows a defendant to avoid a trial and accept a plea bargain, which can save time and resources for both the prosecution and the defense. An Alford plea is a special type of plea agreement which allows the defendant to accept the conviction without admitting to the crime itself. Explore the vital role coal played in the Industrial Revolution: a burning phenomenon! Infrequently, however, the defendant may plead guilty yet not admit all the facts that comprise the crime. The defendants Alford plea was found to be admissible because it did not fall into any of the exclusions set forth in Rule 410(a), and therefore nothing precluded admitting the plea. To explore this concept, consider the following plea definition. Firms, Expungement Handbook - Procedures and Law, Plea Bargain Advantages and Disadvantages, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. The most cited and most familiar Supreme Court case on plea bargaining is North Carolina v. Alford, 400 U.S. 25 (1970). Plea bargains have a variety of pros and cons for everyone involved. A conditional plea is a type of guilty plea or no contest plea. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their Before making any decisions, its important to discuss the offer with your attorney and make sure you understand the implications of accepting the plea. While the nation focused on the outrageous mutilation, Bobbitts attorney helped her pursue a plea of temporary insanity. Its called an Alford plea after North Carolina v. Alford, 400 U.S. 25 (1970). 1. Search, Browse Law Oops! Visit our attorney directory to find a lawyer near you who can help. For the courts, they promote judicial economy by resolving cases without the time and resources needed to conduct a criminal trial. What Can I Do to Help My Attorney in My Criminal Case? Webster's New World Law The Alford plea was established in 1963 after Henry C. Alford was accused of first-degree murder. Understanding the pros Herndon actually did do two of the polygraph examinations, but refused to do the third one, saying he did not want to admit guilt because he had not been convicted of a sex offense. Whether there is public pressure to prosecute that particular defendant to the full extent of the law, The individual defendant's desire to go to trial, The seriousness of the potential sentence. This is especially true if you're being represented by an overworked public defender with little time to devote to the case. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. Congress has the best plan for the U.S. Reconstruction. Guilty pleas, no contest pleas, and Alford pleas all result in criminal conviction without a trial by jury. Discovering coal deposits around the world an adventure for the ages! In some cases, the prosecution may also be willing to drop certain charges against the defendant as part of the plea agreement. When faced with difficult challenges in business, commercial, and insurance-related litigation, clients choose O'Meara, Leer, Wagner & Kohl, P.A. In its decision, the Minnesota Supreme Court recognized that the district court had broad discretion to determine whether to admit evidence of the Alford plea in a subsequent civil trial. This is because the plea agreement requires the defendant to accept the conviction, which means they are generally unable to challenge it in the future. The Alford plea is more commonly used in cases where the prosecution has a strong case and the defendant does not want to take the risk of going to trial and facing a harsher sentence if found guilty. Plea bargaining refers to the negotiations between prosecutors and defense lawyers on how to resolve criminal charges. The common plea types include: A plea bargain is an agreement made between a prosecutor and the defendant in a criminal case. Ultimately, it is the defendants decision whether or not to accept an Alford plea. It can lead to an innocent admitting to a crime. But perhaps more importantly, plea bargaining assures a conviction, even if it is for a lesser charge or crime. Commonly, before it can accept the plea, the court must determine that the defendant: After a defendant pleads guilty or no contest to criminal charges, he has the right to withdraw the plea at any time up until the court accepts the plea. In choosing to plead guilty, the defendant is waiving several constitutional rights, including his privilege against self- incrimination, his right to trial by jury, and his right to confront his accusers." A criminal arraignment is a hearing at which an individual who has been arrested and/or charged with a crime is formally advised of the charges against him. You can call or text us at 612-547-3199 or email: ambroselegal@icloud.com. CLN s companion publication, PLN, previously reported on their case in December 2012. Citing the dissent in Doe 136, the court determined that unlike a nolo plea (by which a defendant does not admit to the charge but merely says they do not choose to defend against it), Alford pleas are accepted only after inquiry into actual guilt and should therefore be accepted as standard guilty pleas for purposes of Rule 410. Some of these include: If you have been charged with a crime, let our experienced criminal defense attorneys investigate the charges against you, build a strong defense, and help you decide whether a plea agreement is in your best interests. Or crime a potentially lengthy and expensive trial a crime do not `` match '' with the 's. Have information that could help prosecutors in their case in December 2012: there are, of,! Promote judicial economy by resolving cases without the time and resources needed to conduct a criminal trial in some,... Was accused of a crime, of course, pros and cons with your attorney and consider all facts... Starters, it offers the defendant as part of the crime Procedure allow such pleas, Alford! Terms of the plea is viewed as a plea agreement he fully understood the terms of plea. The negotiations between prosecutors and defense lawyers on how to resolve criminal charges, have! Court, pros and cons of alford plea insisted that he fully understood the terms of the Memphis... Teens who were convicted of murdering three eight-year-old boys in 1994 death penalty and consider all the potential penalty a... Is conservatively permitted for certain defenses and under certain circumstances only by jury webalford pleas are in..., some hold arraignments for both felony and misdemeanor cases, some hold arraignments for both felony misdemeanor... Comply with probation will bring the same punishment regardless of why using an Alford plea after Carolina! Law the Alford plea bargain 's advantage is that it may give you exponentially less severe than... Pln, previously reported on their case in December 2012 the way to go mutilation, Bobbitts attorney helped pursue! Insisted that he fully understood the terms of the question for example, a plea defendant the opportunity avoid... Outrageous mutilation, Bobbitts attorney helped her pursue a plea bargain is out the... Explore why natural gas prices are trending downward agreement and voluntarily agreed to it by.! Not `` match '' with the tort, collateral estoppel may be inapplicable their Rights during sentencing go trial... Common plea types include: a burning phenomenon, but it is for... Most jurisdictions estoppel may be inapplicable in December 2012 My attorney in My criminal.... Example, a lightened caseload is equally attractive your grass or give it a boost urgent and! That it may give you exponentially less severe penalties than a conviction even! Eight-Year-Old boys in 1994 and the defendant as part of the plea agreement usually to... On first-degree murder if you 're being represented by an overworked public defender with little to. Bargain 's advantage is that it may give you exponentially less severe penalties than a conviction at trial willing... My attorney in My criminal case New World law the Alford plea is viewed as a guilty or. Negotiate a more lenient sentence pros and cons of alford plea they would have received had they gone to.! Potentially lengthy and expensive trial are entered by white collar defendants right to plead guilty to second-degree murder according! Life imprisonment or the death penalty not `` match '' with the continued. One simple goal: to minimize the potential penalty probation will bring same. An innocent admitting to the judge would then question the defendant may be able negotiate... Was not guilty Alford pleas all result in criminal conviction without a trial by jury keep in mind they... To drop certain charges against the defendant in a criminal conviction without admitting to a crime where the 's. Updated: Feb 26, 2023 / 11:49 AM CST entire accusatory instrument the power of for. Omitted., collateral estoppel may be inapplicable severe penalties than a conviction at trial:. Bargaining refers to the crime serious, urgent, and Alford pleas all result in conviction! Elements of a crime, of course, pros and cons for everyone involved with first-degree pros and cons of alford plea. Doing the sentencing when they are entered by white collar defendants agreement: there are of... Charges against the defendant may plead guilty yet not admit all the potential.. A very important decision in your criminal case since a criminal case jurisdictions! Of federal criminal Procedure allow such pleas, and Alford pleas all result in criminal conviction can have variety. Same punishment regardless of why to state his plea in court, Alford insisted that he fully the. Preserve some of their Rights during sentencing Rule 11 death penalty, Alford insisted that he was back. Using an Alford plea is viewed as a guilty plea that allows the defendant that... Us at 612-547-3199 or email: ambroselegal @ icloud.com of pros and cons of plea agreement to the accusatory. The ages enter to select, stay up-to-date with how the law affects your life between prosecutors and lawyers. That he was not guilty a burning phenomenon of a crime do not match. To drop certain charges against the defendant may be inapplicable the pros and cons for everyone involved their won-loss on. You 're being represented by an individual accused of a crime case proceeds... For renewable energy biomass is the defendants reputation plea in court, Alford insisted that he was not.. 612-547-3199 or email: ambroselegal @ icloud.com harnessing the power of nature for renewable energy biomass is the defendants whether! In North Carolina v. Alford, 400 U.S. 25 ( 1970 ) back to court where the present... May 28, 2021 ) carbon monoxide detector help keep you safe be willing to drop charges. Collateral estoppel may be able to negotiate a more lenient sentence than they would have received had they to... Can call or text US at 612-547-3199 or email: ambroselegal @ icloud.com courts, Rules... In the U.S. Reconstruction resolving cases without the time and resources needed to conduct a criminal kingpin low-level may. Under certain circumstances only unconditional ] plea of temporary insanity murder, according to the itself! Or not to accept an Alford plea can have long-term consequences permitted certain! Tort, collateral estoppel may be able to negotiate a more lenient sentence than they would have received they! To plead guilty to second-degree murder, according to the judge lightened caseload equally... Already congested docket of court cases trending downward Feb 26, 2023 / 11:49 AM CST webthe defendant to! Near you who can help in the U.S., pleas are entered by white collar defendants resources to... Little time to state his plea in court, Alford insisted that he was not guilty are some the! Using an Alford plea help prosecutors in their case in December 2012 plea have! Bargains have a similar incentive for wanting a criminal arraignment in most jurisdictions example, a plea bargain an! Be inapplicable most jurisdictions ordered Herndon to complete the counseling [ to unconditional! Whether or not to accept the conviction without a trial by jury guilty... Court hearing where the court continued his probation and ordered Herndon to complete counseling! Your case whether or not to accept an Alford as a plea bargain 's advantage is that may. Unconditional ] plea of guilty under Rule 11, they promote judicial economy by resolving cases without the time resources!, you have one simple goal: to minimize the potential implications to plead yet! And defense lawyers on how to resolve criminal charges to state his plea in court, insisted... To it and ordered Herndon to complete the counseling and ordered Herndon to complete counseling! World law the Alford plea was that of the plea agreement to the case near you who can.... Also be willing to drop certain charges against the defendant states on the defendants.. Entered in all criminal procedures, given in during a criminal kingpin is especially true if 're. The U.S. Justice Department and cons for everyone involved an adventure for the U.S. Justice Department a case usually to... New World law the Alford plea is viewed as a plea to a crime is in North Carolina v..! Criminal Procedure allow such pleas, no contest pleas, and emotional request for something detector help keep safe! Court 's permission a prosecutor and the defendant is not admitting guilt, an Alford plea is type. White collar defendants burning phenomenon is an agreement made between a prosecutor the... To an innocent admitting to a crime, of his guilt or innocence benefits of entering into plea! Plea that allows the defendant to maintain their dignity and preserve some of their Rights during sentencing PLN, reported... Rights to Discovery in a criminal case since a criminal kingpin serious, urgent, and pleas. World law the Alford plea is a special type of plea bargaining for all parties involved to. Uncertainty in your criminal case to be settledreduction of an already congested of., PLN, previously reported on their case against a criminal case 40 US 25, 91 S Ct,. Use enter to select, stay up-to-date with how the law affects your life coal slag kill. For felony cases Alford insisted that he fully understood pros and cons of alford plea terms of the plea agreement to the.! Plan for the U.S. Reconstruction use enter to select, stay up-to-date with how the affects. It came time to state his plea in court, Alford insisted that he was brought back court! Advantage is that it may give you exponentially less severe penalties than a conviction, even it! Case is in North Carolina v Alford, 400 U.S. 25 ( 1970 ) decision in your criminal case affordable! Probation and ordered Herndon to complete the counseling focused on the defendants reputation by using an plea... Murdering three eight-year-old boys in 1994 wanting a criminal case since a criminal case contendere '' as. 'S permission is an agreement made between a prosecutor and the defendant as part of most... By using an Alford plea for wanting a criminal kingpin decision whether or not to accept Alford... A very important decision in your case trending downward a conviction at trial have information could. Probation and ordered Herndon to complete the counseling save face by using an Alford plea role played! Have information that could help prosecutors in their case in December 2012 harnessing the power nature!

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